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HomeMy WebLinkAboutMinutes - City Council - 06/04/2012CITY COUNCIL 4 JUNE 2012 The South Burlington City Council held a regular meeting on Monday, 4 June 2012, at 5:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: R. Greco, Chair; S. Dooley, P. Engels, P. Mackenzie, H. Riehle Also Present: R. Rusten, Deputy City Manager; I. Blanchard, Project Manager; S. McIntyre, H. Trembley, P. & R. Nowak, B. Stuono, M. Young, J. Oleski, S. Brennan, P. Staboler, S. Chapman, D. Cummings, S. Baker, D. Deslauriers, M. Hershberg, B. Melizia, D. Leban, J. Kochman, E. Dates, L. Janes, F. Mackin, T. Tapley 1. Executive Session: Ms. Riehle moved the Council meet in executive session to discuss contract negotiations, personnel and litigation, and to continue deliberations on interim zoning applications. Mr. Engels seconded. Motion passed unanimously. Regular Session: 1. Agenda Review: A discussion of the proposed Charter change regarding the Library was added as Item #12. 2. Comments & Questions from the Audience, not related to Agenda items: No issues were raised. 3. Announcements & City Manager's Report: Mr. Rusten: Since the Council meeting dealing with the Holmes Road/railroad crossing issue, staff has been meeting with the Agency of Transportation to try to solve the problem. When Mr. Miller returns, there will be a meeting scheduled with the affected homeowners. Ms. Riehle: Represented the city at a press conference supporting the Triathlon. The bicycle course runs through South Burlington. This is a 2-day event with about 5000 contestants. This is probably the last time for many years that the event will be held in Vermont. It is a great economic boost to the area. Mr. Engels: Met with Paul Conner and Tim Duff regarding a form based codes committee. The thinking is to combine this with a City Center committee. Ms. Greco: Attended an Interfaith meeting where there was discussion about regional needs for the future. The F-35 issue also came up. Also attended an ECOS meeting in Shelburne. 4. Consent Agenda: A. Approve Minutes of 30 April, 14 May, 15 May and 21 May 2012 B. Sign Disbursements C. Consider approval of Resolution Establishing the Pricing Structure for Recreation Programs and Park Facilities D. Consider approval of Resolution to Transfer Appropriations Members agreed to remove the Minutes of 21 May and the Resolution to Transfer Appropriations from the Consent Agenda. Ms. Dooley then moved to approve the Consent Agenda minus the 21 May Minutes and the Resolution to Transfer Appropriations. Mr. Engels seconded. Motion passed unanimously. 5. Continue hearing on Interim Zoning Application #IZ-12-01 of New England Federal Credit Union for a planned unit development to: 1) raze an existing office building, and 2) construct a 3,920 sq. ft. drive-in bank facility, 1000 Shelburne Road: Mr. Oleski indicated they had addressed the Interim Zoning issues in writing. He questioned how the process will play out. Ms. Greco said the Council just had a deliberative session prior to this meeting. They will either close or continue the hearing. If it is closed, the Council will have 45 days to render a decision in writing. Ms. Dooley then moved to close the public hearing on IZ-12-01 of New England Federal Credit Union. Mr. Engels seconded. Motion passed unanimously. 5. Continue hearing on Interim Zoning application #IZ-12-02 of University Mall, LLC, to 1) raze an existing commercial building, and 2) construct a 6,000 sq. ft building to be used for shopping center use, 205 Dorset Street: No issues were raised. Mr. Engels moved to close the hearing on IZ-12--02 of University Mall, LLC. Ms. Riehle seconded. Motion passed unanimously. 7. Presentation and Council Approval of CSWD Proposed FY 2013 Budget: Mr. Stabler noted that so far all member towns have approved the budget. He added that there is no assessment from the District to member towns as CSWD is self-supporting. Mr. Stabler said the budget reflects continuing efforts to focus on waste reduction. Operating expenses are down slightly and revenues are up slightly. There will be money taken from the reserve fund for one-time projects including a transition for the retiring General Manager and for landfill design. There are possible personnel additions including a full time person in composting, a full time beta/IT person, and a half time person in waste reduction. Until there are definite plans, these hirings won't be committed to. CSWD is following the CPI for salary increases (3.5%) plus a 1% step increase where appropriate. Employees pay 11% of their health insurance costs. CSWD has no debt service at this time. The expectation is that tipping fees will see a slight increase. Haulers are now paid for recyclables. The capital budget anticipates an upgrade to the Materials Recovery Facility ($1.5MM from the capital reserve). There will also be improvements at the 2 drop-off centers and a proposal to create a mobile drop-off center. CSWD is considering the possible purchase of land adjacent to the landfill in Williston for storm water management. They would have to bond for this. Ms. Riehle asked whether the new personnel would generate more income. Mr. Stabler said that was unclear at this time. They anticipate that they will break even with composting or even be ahead in the future. Ms. Dooley asked if there will be enhancements to the South Burlington drop-off center. Mr. Stabler believed there will. There will be a new compactor at that location. It was noted that in regard to the earlier presentation about a more unified trash collection system, that when Casella moves in they drive everyone out by undercutting prices. Then they raise the rates. Mr. Stabler noted that Casella has competition with Myers, and no problem is anticipated. Ms. Greco asked about recycling rates in the area. Mr. Stabler said there are different components of what gets diverted. The diversion rate is close to 50%. They are hoping to increase this. Ms. Greco asked if there has been any thought to paying for recyclables. Mr. Stabler said trash haulers are paid for recyclables at $10.00 a ton. There is no authority to tell haulers they have to pay the homeowners for recyclables. Mr. Stabler also said they would like to implement a "pay as you grow" system by which people would pay for more bags of trash. This could get people to recycle more. Ms. Riehle then moved to approve the FY2013 CSWD budget as presented. Ms. Mackenzie seconded. Motion passed unanimously. 8. Interview with Candidates for Appointments to Boards, Committees and Commissions: The Council interviewed the following candidates: a. Spencer Baker - Pension Advisory Committee Mr. Baker is currently on the Committee and reviewed the Committee's accomplishments. He has attended all meetings. He noted that in instances where his opinion differed from the city's position, he would make his case and then go with the majority of the committee. b. Donald Cummings: Energy Committee Mr. Cummings said he has been interested in energy for many years. He felt there is a lot the city can do and noted the Committee's light bulb exchange program and the move for weatherproofing of condos. He is currently on the Committee and has attended at least 75% of the meetings. In the instance of differing opinions, he would go with the group. Mr. Cummings suggested adding more members to the Committee because this would enable them to do more projects. He felt 10 would be a good number (there are now 7) c. Elaine Dates: Library Board of Trustees Believes libraries are the great economic equalizers. Previously served on the Pierson Library Board in Shelburne. Felt that if you get to the point of educating people, you will eventually get to an agreement. She also felt it is dangerous for a group to take a stand and that personal views can't enter into decisions. d. David Deslauriers - Airport Commission: Would hope to bridge the community and Airport going into the future and felt he has the organizing and team work skills to help accomplish this. Felt that if he does his work well, he will have brought to the group his best efforts toward making a decision. Mr. Deslauriers felt the major Airport issues are the continuing collapse of the surrounding areas, the economic struggle, and the lack of public support for the Airport's proposed future ventures (road extension, etc.). He supports the City Council's decision regarding the F35s. He felt the sound profile needs more work and that there are people capable of doing this. He was also concerned with safety issues. e. Mike Hershberg: Red Rocks Park Committee: Has previously worked with Burlington Parks and downtown projects. Would also consider the Leisure Arts Committee. In cases of disagreement, he would present his case and then get in line with the rest of the Committee. f. Linda Janes - Recreation and Leisure Arts Committee: Likes the Committee's Mission Statement and wants to be part of that. Has not previously served on any city committees. In cases of disagreement, she would present her position and go with the majority. g. Jennifer Kochman - Library Board of Trustees: Noted the Library has established an Advocacy Committee to present a case for a separate community Library. Has been Chair of the Library Board for 2 years, has missed maybe one meeting. Feels a Board should reach consensus and all members should support that. h. Donna Leban - Recreation Path Committee: Has served on the Committee for 3 years. Noted the Committee is tracking the rights of way given to the city. She feels history with the Committee is helpful in going forward. Noted the Committee hopes to get its budget back again. In issues of disagreement, she would present her side and go with the majority vote. i. Francine Mackin - Correctional Facility Committee Has a background in education and law. Has served as Justice of the Peace in Colchester and Charlotte. Is now on the Chittenden County Court Diversion Board. Would have no problem attending meetings. Is used to working as a team and would do so on this committee. Ms. Mackenzie noted that the United Way has recently drafted a document identifying a significant number of problems with prisons. She will share this with the Committee. j. Betty Melizia - Natural Resources Committee: Lives next to Wheeler Nature Park and is passionate about that. Joined the Committee to help work on a vision for that Park. Has worked in public policy and is familiar with the committee process. k. Pat Nowak - Airport Commission: Feels that if something is happening in your backyard, it is best to be in on the planning than to say "I didn't know." Has been on the Board of Civil Authority for 10 years as an involved participant. Served as a Governor's appointee on the Environmental Board and felt that was a great experience for learning to listen and weigh out a decision. She would hope to bring forth South Burlington's position and listen to all the pieces to come up what is best for all. She cited the importance of transparency and not having the dialogue cause problems. She feels that if the dialogue is kept open, the voice of reason will prevail. With regard to Airport issues, Ms. Nowak cited the need to look at the 2030 vision and changing traffic patterns. She feels the problem with traffic in front of the Airport is not acceptable. She did not think it is reasonable to think the Airport would fund the insulation of people's homes to address noise issues. She was disappointed with the F-35 decision as she felt it was premature. l Tracy Tapley - Planning Commission or Library Board of Trustees: Believes libraries are the "hub of involvement." Also believes in lifelong learning. Is the past president of a homeowners association and now serves on that Board. Feels that decision making starts with communication and respect. She would adhere to a democratic process. m. Peter Taylor - City Charter Committee: Has been on the Committee since 1984 and is now Chair of the Committee. Also serves as Chair of the Board of Civil Authority. In instances of disagreement, would do the best job of separating the issue from personal opinion. Mr. Taylor noted that the Charter Committee has not had a response from the Council regarding the report it gave them in February and Committee members have been asking about this. 9. Consider a Request to Approve an Amendment to the South Burlington New Town Center Boundary: Ms. Blanchard noted the amendment would include a parcel that is now divided so that it is now no longer divided. This could be an issue when the application is submitted. Ms. Blanchard noted the New Town Center is a smaller area than the area being considered for form based codes, but it is as large as it is allowed to be. This is the area in which the city can apply for a TIF district. Ms. Riehle moved to adopt the Amendment as presented. Mr. Engels seconded. Motion passed unanimously. 11. Review Draft Letter Regarding the City Council's Disapproval of F-35 Beddown at Burlington International Airport: Ms. Riehle said she supported taking the position that the city has concerns that need to be articulated. The city was asked to respond to environmental impacts and she saw the Council's role to be most concerned with that. She didn't feel the Council was in a position to say this is or is not a strategically good place to be. She added that if the Council doesn't raise the environmental impact issue, no one else will. Ms. Greco said she spoke with Nick Germanos and asked if people's comments matter. He said he has never received as many comments as he has on this issue. They are overwhelmed with comments and questions. They will answer all questions but maybe not before a decision is made. Winooski has asked for coordinates (data points) and will get them. Mr. Engels said he thinks this is a preferred site because there are fewer commercial flights and there is access to the ocean. He added the he was concerned with safety issues. He questioned why the Air Force would change its policy of giving the Guard "hand me downs," That won't be the case with the F35s. This would be a first generation plane with people learning to fly it and maintain it in a very populated area. Ms. Mackenzie said she was confused by different statements lifted from the EIS. She felt it went from a national document to a local one. She felt the most germane questions were environmental. She also didn't feel there was enough support for the Guard in responses to the EIS. Ms. Riehle said there are 2 avenues to pursue: environmental concerns and a statement regarding noise mitigation issues that to be addressed. Ms. Greco said the Air Force is not responsible for mitigation. Ms. Riehle said that is still the responsibility of our legislators. Ms. Greco said she listened to the Winooski and Burlington F35 discussions. One Winooski resident said there were mathematical errors. There is definitely incorrect census data. She suggested getting together with Winooski, Colchester and Burlington people who have expressed an interest. Ms. Riehle said she wasn't opposed to this but raised an issue of timing since a response to the EIS must be postmarked by 20 June. Members generally supported such a meeting. Ms. Greco said she would put together the ideas raised tonight and circulate a draft of a response letter to members prior to the next meeting. 11. Discussion of Possible Steering Committee Meeting on 20 June, 6 p.m., at Tuttle Middle School: A majority of members said they were not free for a meeting at that time. 12. Library Charter Change: Ms. Greco said she prepared a draft of a proposed Charter change. Mr. Rusten read the proposed language and said it has been seen by the City Attorney. Ms. Mackenzie moved to forward the draft to the Library Board. Ms. Riehle seconded. Ms. Kochman said there was confusion among Library Board members. People wanted to be sure that their benefits would continue. Mr. Miller had told them everything was OK until the end of FY13. There was also discussion of interest in a Charter change, but she wasn't sure who would do this. The Library Board has been looking into by-laws and charters of other libraries and are still in the preliminary steps. They would like to take their time and make sure what happens will serve the Library in the long run. Ms. Greco said they will get the draft language which they can take to the Board for a response. 13. Other Business: It was noted that Rick Hubbard has raised the question of funding for the Rec Path Committee and whether the Council wants to discuss this. Mr. Rusten noted that the Council will be getting a Capital Improvement Policy which will include ways for committees to get their interests/ideas heard. He suggested the Council may want to deal with this policy before responding to Mr. Hubbard. Minutes of 21 May 2012: It was noted that on p. 5, 6th line down, the sentence should read "...not suitable for residential use." On p. 3, the unidentified speaker was Lt. Col. Caputo. Other typographical errors were identified. Ms. Riehle moved to approve the Minutes of 21 May 2012 as amended. Ms. Mackenzie seconded. Motion passed unanimously. Resolution to Transfer Appropriations: Mr. Rusten explained that they had anticipated using some reserve fund money to replace the HVAC system in City Hall. If this money is not transferred, it would not be usable in FY13. The plan is to move $40,000 into a specific reserve fund where it will carry over to be used in FY2013. The HVAC system will cost more, but there are grants and other funds to cover the additional cost. Ms. Greco said they were told there could be $280,000 in surplus funds. She asked where that money is. Mr. Rusten said they are comfortable there will be surplus, but are not comfortable providing a number as yet. They should know by the end of June if there will be a surplus. Ms. Greco asked why that money can't be used for interim zoning. Mr. Rusten said it is to be used for "unexpected expenses." Members agreed to defer action on the transfer. Affordable Housing Committee: Ms. Dooley said that everyone that had been recruited by Jim Knapp will be continuing on the Committee along with others that she has recruited. The list of nominees will come to the Council along with a vision statement, etc. Mr. Engels said there is no sense having both a Form Based Codes and a City Center Committee. A joint committee would look first at form based codes for City Center and then for the rest of the city. Mr. Engels said he had talked with a man from Newport, which has adopted form based codes. This man has a different perspective than the consultant the city has engaged. It was agreed to put these items on the 18 June agenda. Charter Change re: City Clerk: Ms. Greco asked if the Council wanted to take up the question of going from an elected to an appointed City Clerk. She noted the City Attorney has some input on this issue. It was suggested this be put on the mid-July agenda. Executive Session: Ms. Dooley moved the Council meet in executive session to discuss a personnel issue and to resume regular session only for the purpose of adjournment. Ms. Mackenzie seconded. Motion passed unanimously. Regular Session: The Council returned to regular session. Ms. Greco moved adjournment. Ms. Reihle seconded. The motion passed unanimously. The council adjourned. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.